Litigation Readiness: A Practical Approach to Electronic Discovery authored by Prashant Dubey and Sam Panarella: Industry studies indicate that corporations in the United States spend $4 –5 billion annually taking electronically stored information (ESI) from its source and producing it for a requesting party. The cost to review this information for privilege/responsiveness prior to production is estimated to be another $30 billion. Traditional solutions to these problems have ranged from knee-jerk (and expensive) purchases and implementation of software and hardware for managing discovery to abdicating responsibility for the process to law firms to half-hearted attempts at managing the process with capacity-constrained in-house legal, IT and records-management resources.
The failure of these approaches has led to a growing recognition that corporations should approach "the inevitable" (i.e., litigation & discovery) in a proactive and organized manner, which is known as “litigation readiness.” This phrase was first introduced to the market in 2004 by Prashant Dubey, one of the authors of this book in the form of an executive primer book entitled: Litigation Readiness: Mastering the Inevitable. Seven years hence, the co-authors have authored a book based on years of learning derived from helping dozens of corporations achieve a higher level of litigation readiness in the face of an ever-growing electronically stored information ecosystem. Litigation Readiness: A Practical Approach to Electronic Discovery is a strategic guide to litigation readiness, or how a corporation can establish and embed a business process for responding to discovery when compelled to produce ESI.
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